DiabloSport Predator User Manual
GAS AND DIESEL TUNING SYSTEMS
USER MANUAL
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End User License Agreement, Warranty and
Disclaimer
THIS END USER LICENSE AGREEMENT (the “Agreement”) is an
agreement between you, as the purchaser (the “Purchaser”)
of either the Diablo Module (the “Module”) or the hand-held
computer unit (the “Unit”), and as the manufacturer of the
Product DiabloSport (“DiabloSport”). The Product and the Unit
shall be referred to collectively herein as the “product” and
DiabloSport Inc. shall be referred to herein as “DiabloSport”.
1. Acknowledgment And Acceptance Of Agreement. If you do
not agree to the terms and conditions of this Agreement, do
not use the Product. Instead, promptly contact the distributor
from which you purchased the Product in writing, requesting
a refund of the purchase price. Any use of the Product by you
will constitute your agreement to the terms and conditions
contained herein.
2. Grant Of License. The parties hereto acknowledge that DiabloSport is granting a non-transferable restricted license to Purchaser to use the Product for the sole purpose of installation in
Purchaser’s vehicle. DiabloSport shall retain all title, ownership
rights and intellectual property rights in and to the Product.
Purchaser agrees that Purchaser shall not, directly or indirectly,
modify, translate, reverse engineer, decompile, disassemble, or
create derivative works based on the Product. Purchaser further
agrees not to permit any third parties to modify, translate,
reverse engineer, decompile, disassemble, or create derivative
works based on the Product.
3. Disclaimer. The Product is being sold with no warranties of
any kind, express or implied. The Product is not endorsed by
the manufacturer of your vehicle and there is no affiliation
between DiabloSport and the manufacturer of your vehicle.
Installation of the Product in your vehicle or use of the Product with your vehicle may limit or void your rights under any
warranty provided by the manufacturer of your vehicle, and
DiabloSport assumes no responsibility in such event. Any
warranty not provided herein, and any remedy which, but for
this provision, might arise by implication or operation of law,
is hereby excluded and disclaimed. The implied warranties of
merchantability and of fitness for any particular purpose herein
are expressly disclaimed.
4. No Liability For Damages, Injuries Or Incidental, Special Or Consequential Damages. Under no circumstances shall DiabloSport,
or any other party related to DiabloSport, be liable to Purchaser
or any other person for any damage to Purchaser’s vehicle, loss
of use of Purchaser’s vehicle, or for personal injuries suffered by
any person, or for any incidental, special or consequential damages, whether arising out of negligence, breach of warranty,
breach of contract, or otherwise. DiabloSport’s liability for any
damages, loss and/or claims associated with the Product shall be
limited to the price of the Product paid by purchaser. Purchaser
hereby releases DiabloSport from all liability, claims and damages associated with the Products, with the sole exception of
DiabloSport’s liability for the refund of the purchase price of
the Product to Purchaser in the event that a court of competent
jurisdiction determines the Purchaser suffered damages directly
resulting from the malfunction of the Product.
5.Warranty. Notwithstanding the provisions of the End User
License Agreement, DiabloSport warrants the Product to be
free from all defects in material and workmanship for 2 years
from the date of original purchase. This limited warranty applies only to the original Purchaser of the Product. This limited
warranty does not cover damage caused by modification, alteration, repair or service of the Product by anyone other than
DiabloSport, physical abuse, misuse, use in a manner contrary to
the instructions, which accompany the Product, or any damage
caused by acts of God. Contacting your Distributor or Dealer
may make claims for repair service or replacement of the Product pursuant to this limited warranty. The Chip will either be
repaired or replaced, at the option of DiabloSport, at no cost
to Purchaser, if the defective Product is covered by this limited
warranty. DiabloSport’s liability pursuant to this limited warranty and for any damages, loss and/or claims associated with
the Product shall be limited to the price of the Product paid by
Purchaser, or, at DiabloSport’s option, repair or replacement of
the Product.
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Warranty Information
a. DiabloSport offers a 30 day satisfaction guarantee on all
products.
b. DiabloSport products carry a 2 year warranty against defects
in materials or workmanship.
i. DiabloSports liability under this warranty shall be limited to
the correction or replacement of any defective part or product
in question which DiabloSport determines to be necessary.
ii. Warranty freight charges are the responsibility of the dealer
distributor and/or customer.
iii. This warranty is to the original purchaser and is non trans-
ferable.
iv. This warranty is void unless proof of purchase is submitted.
Product must be purchased at an DiabloSport Authorized
Dealer in order to qualify for warranty.
v. Removal of serial numbers and/or alteration of product or
packaging will also void all warranties.
c. DiabloSport shall not be held responsible for direct or indirect
failures due to our product.
d. DiabloSport shall not credit or repair any units that are not
properly restored to the original backup upon time of return
or may be VIN locked.
i. VIN locked units, or improperly restored units, will be re-
turned to customer.
ii. It is the customers responsibility to check any and all Dia-
bloSport product to make sure the original backups have been
restored to vehicles before the product shall be returned.
e. Technical Support
i. DiabloSport customers should maintain adequate know-
ledge of the DiabloSport product line to be able to properly
sell, and to service the needs of their customers.
ii. DiabloSport will provide technical assistance and advice
directly to the dealer/distributor to enable them to answer
and field technical questions.
iii. It is the responsibility of the dealer distributor to handle
their own technical issues with customers, and not to direct
them to DiabloSport.
f. Product updates
i. DiabloSport shall inform all customers of the latest product
as soon as they are available. DiabloSport will inform custo-
mers on our website at www.diablosport.com.
ii. DiabloSport cannot be held accountable for any or all da-
mages caused by using outdated product.
iii. Products that need updates will be handled in the follo-
wing fashion:
1. DiabloSport will charge a labor and handling fee for products that are internet updateable or remotely updateable.
2. DiabloSport will not charge a fee for products that are
not internet updateable or remotely updateable. Shipping
charges may apply.
iv. All products returned for update purposes must have a cor-
responding DiabloSport RMA number for processing.
g. Returns and RMA/RGA policies and procedures
i. DiabloSport will not warranty, credit, or exchange any pro-
duct returned without a valid RMA number.
1. All RMA numbers are issued by DiabloSport RMA department.
2. Defective units shall be repaired and returned in like kind.
All units that must be re-furbished to like new condition
are subject to labor and parts charges to be determined by
DiabloSport.
ii. Customers are subject to a 20% restocking fee for all pro-
duct returned for credit.
iii. All units on RMA MUST have conditions for which they were
returned clearly labeled on the box, or given to a DiabloSport
RMA representative at the time the RMA is issued.
6. State Law. Some states do not allow limitations of
implied warranties, or the exclusion or limitation of incidental, special or consequential damages, so the above
limitations may not apply to you. In such states, liability shall
be limited to the greatest extent permitted by applicable law.
7. Governing Law & Venue. This Agreement shall be governed
by and construed in accordance with the laws of the State of
Florida, and venue for any legal proceeding or action at law
arising out of or construing this Agreement shall lie in the state
or federal courts of Orange County, Florida, and the parties
specifically waive any other venue.
DISCLAIMER Not legal for sale or use on any pollution controlled
motor vehicles. Legal in California only for racing vehicles which
may never be used upon a highway.
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